Chanarik Yadav @ Chanarika Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14379 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- PARAIYA District- Gaya ====================================================== 1.

CHANARIK YADAV @ CHANARIKA YADAV Son of Kundeep Yadav Resident of Village - Kurmain, P.S.- Paraiya, Distt - Gaya 2.

Mukesh Kumar @ Mukesh Yadav Son of Chanarik Yadav Resident of Village - Kurmain, P.S.- Paraiya, Distt - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 325, 379, 504, 506,, 34 IPC registered in connection with Paraiya P.S. Case No. 190 of 2018.

3. It is submitted that the petitioners have been falsely implicated in connection with petty dispute and there is case and counter case between the parties. The petitioner no. 1 is alleged to have assaulted Malti Devi on her head while petitioner no. 2 is said to have assaulted Uday Yadav, but the injuries are simple in nature. The petitioners claim clean antecedents.

4. Learned APP assisted by learned counsel for the informant appear and has been heard.

5. Be that as it may, in the event of petitioners arrest or surrender within four weeks hereof let the above named petitioners be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two sureties of like amount each to the satisfaction of learned ACJM

Patna High Court CR. MISC. No.14379 of 2019(2) dt.12-03-2019 2/2 III, Gaya in connection with Paraiya P.S. Case No. 190 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

6. The provisional bail shall be confirmed upon verification from the injury reports that the injuries if any, on Malti Devi and Uday Yadav are not grievous in nature.

(Vikash Jain, J) Chandran/- U T